GOVERNMENT LIMITATIONS/NOTICE REQUIREMENTS

PIP/MED PAY SUBROGATION

PIP: NO
-PIP insurer may be reimbursed up to 50% of no-fault benefits that are duplicated in a third party settlement
MED PAY: YES

CONTRIBUTORY NEGLIGENCE

Modified Comparative – 51%
Plaintiff cannot recover if 51% or more at fault (if found to be 50% at fault, plaintiff can recover)

PARENTAL RESPONSIBILITY

Limitation on Parents’ Liability: Unlimited

Join and several liability for child’s tortious act and for person verifying driver’s license

JOINT AND SEVERAL LIABILITY

Several Liability
-Exceptions for non-economic personal injury and intentional torts

VICARIOUS LIABILITY

AGAINST OWNER OF VEHICLE: YES

MADE WHOLE DOCTRINE

No but look to policy language

DEDUCTIBLE REIMBURSEMENT

No applicable statute

Subrogation laws are constantly changing. Dickstein Law, LLC makes every effort to keep the state specific information up to date and accurate. However, the information may become outdated or superseded by new law over time. The state specific information contained on this site should not be construed as legal advice by Dickstein Law, LLC. These materials are intended as a general information resource and should not be relied on for any specific claim or situation. If you have a subrogation question or if you notice an error in the information provided on this site, please contact Brandon Dickstein at brandon@dicksteinsubro.com.